Research On The Well-known Trademark Anti-dilution Protection

In June2008, the State Council has formulated and issued the " Outline of theNational Intellectual Property Strategy" for the purpose of improving China’s IPRcreation, use, protection and management capabilities, special task for trademarks inthe article22of the outline requires that" enterprises should be encouraged to enrichthe meaning of their trademarks, increase the added value and improve the reputationof their trademarks, and establish their well-known trademarks." Effective protectionof well-known trademarks has become increasingly important, Behavior ofwell-known trademark dilution, which damage the carrying property to well-knowntrademarks gradually been widely concerned, Various countries cope with thissituation in the way of amending existing trademark law (such as Germany, theUnited Kingdom, Greece) or legislating specialized anti-dilution laws (such as theUnited States). In view of this situation, to critical inheritance of the traditional theoryof well-known trademark protection, innovative breakthroughs, learn from the foreignlegislative and judicial, in order to protect our well-known trademarks effectively, willbe a new proposition in the field of trademark protection.Although "well-known trademark dilution" often occurred in imperceptiblemanner, but it do harm a lot. The thesis is committed to define the behavior, analyzeits legal property, explore the defects while existing laws and regulations to regulate"dilution", do some thinking on the building and improvement for the anti-dilutionprotection of well-known trademarks in China.The thesis is divided into four chapters. Chapter one discuss about the generalprinciple on the protection of anti-dilution, summarize the conception and functionof well-known trademark, generalize the specific performances of dilution, explainthe hazards of dilution, Proceed from the theory of traditional and non-traditional ontrademark protection, do legal analysis for dilution, find out the limitation oftrademark protection based on confusion theory and likelihood of association theory, seek other legal basis for anti-dilution protection for well-known trademarks; Chaptertwo analyzed the current anti-dilution protection status of well-known trademarks inChina by combing relevant laws and regulations, in order to targeted rehabilitaterelated defects; Chapter three compared the anti-dilution protection status abroad,introduced the provisions that United States, the Paris Convention, TRIPS Agreement,the World Intellectual Property Organization (·WIPO) have taken on well-knowntrademarks Anti-dilution protection, analyze the legislative background of theseprovisions and the inspiration of the Anti-dilution legislation for our country; Chapterfour based on the actual national condition of our country, inherited from theinternational trend of anti-dilution protection, making some suggestions for thewell-known trademark anti-dilution protection in China, by means of perfecting theexisting legislation, linking up each laws and regulations, perfecting the judicialmechanism, establishing the exemption mechanism.